Miscarriage of Justice Review Commission Act (David and Joyce Milgaard's Law)

An Act to amend the Criminal Code, to make consequential amendments to other Acts and to repeal a regulation (miscarriage of justice reviews)

Sponsor

David Lametti  Liberal

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment amends the Criminal Code to, among other things,
(a) establish an independent body to be called the Miscarriage of Justice Review Commission;
(b) replace the review process set out in Part XXI.1 with a process in which applications for reviews of findings and verdicts on the grounds of miscarriage of justice are made to the Commission instead of to the Minister of Justice;
(c)read more

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-40s:

C-40 (2017) Law Appropriation Act No. 5, 2016-17
C-40 (2014) Law Rouge National Urban Park Act
C-40 (2012) Law Appropriation Act No. 2, 2012-13
C-40 (2010) Law Celebrating Canada's Seniors Act
C-40 (2009) Expanded Voting Opportunities Act
C-40 (2008) Law An Act to amend the Canada Labour Code, the Canada Student Financial Assistance Act, the Canada Student Loans Act and the Public Service Employment Act

Votes

June 17, 2024 Passed Concurrence at report stage of Bill C-40, An Act to amend the Criminal Code, to make consequential amendments to other Acts and to repeal a regulation (miscarriage of justice reviews)
June 17, 2024 Failed Bill C-40, An Act to amend the Criminal Code, to make consequential amendments to other Acts and to repeal a regulation (miscarriage of justice reviews) (report stage amendment)
June 11, 2024 Passed Time allocation for Bill C-40, An Act to amend the Criminal Code, to make consequential amendments to other Acts and to repeal a regulation (miscarriage of justice reviews)

Business of the HouseGovernment Orders

June 1st, 2023 / 3:25 p.m.


See context

Edmonton Centre Alberta

Liberal

Randy Boissonnault LiberalMinister of Tourism and Associate Minister of Finance

Mr. Speaker, this is the first time that I have had the honour to share with our very dear colleagues in the House the message concerning the Thursday question. I am very pleased to answer my colleague.

As members know, Bill C-47, the budget implementation act, was reported from committee yesterday, so we will call it for the final stages of debate starting tomorrow and then continue early next week on Monday and Tuesday.

We will also give priority to Bill C-40, the miscarriage of justice review commission act, also known as David and Joyce Milgaard's law; Bill C-48, bail reform; and Bill C-41, humanitarian assistance.

Finally, I would like to inform the House that next Thursday will be an opposition day.

Partially translated

Business of the HouseGovernment Orders

May 18th, 2023 / 3:45 p.m.


See context

Moncton—Riverview—Dieppe New Brunswick

Liberal

Ginette Petitpas Taylor LiberalMinister of Official Languages and Minister responsible for the Atlantic Canada Opportunities Agency

Mr. Speaker, when we return the Monday after the week in our ridings, the agenda will include debate at third reading of Bill S‑5, an act to amend the Canadian Environmental Protection Act.

Tuesday and Thursday will be opposition days. On Wednesday, we will resume debate at second reading of Bill C‑42, an act to amend the Canada Business Corporations Act.

On Friday, we will begin debate on Bill C‑40, miscarriage of justice review commission act, also known as David and Joyce Milgaard's law.

I would also like to take this opportunity to inform members that we have posted the position of law clerk and parliamentary counsel in the House of Commons. I encourage members to share that job posting so that we can be sure to find a permanent law clerk as soon as possible to support the important work that we do as parliamentarians.

Again, we have done the process in French and English.

With that, I would like to wish all parliamentarians a wonderful constituency week. I know that we are going to be busy in our ridings.

Partially translated

Public SafetyOral Questions

February 17th, 2023 / 11:45 a.m.


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Scarborough—Rouge Park Ontario

Liberal

Gary Anandasangaree LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Mr. Speaker, I can assure my colleague that our government has been working on very smart criminal justice reforms that are meant to keep our communities safe.

We brought forward Bill C-5, which will essentially address issues with systemic racism within the criminal justice system. We introduced Bill C-40 yesterday, which is for a criminal conviction review commission that is meant to ensure those who are wrongfully accused and convicted have a way out.

We will continue to work on smart criminal justice policy.

As spoken

JusticeOral Questions

February 16th, 2023 / 3:05 p.m.


See context

Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, Susan is the sister of David Milgaard, and the daughter of Joyce, after whom the bill is named.

Bill C-40 would create a miscarriage-of-justice review commission to examine wrongful convictions fairly and efficiently—

As spoken